UTILITY MODEL PATENT: AN ESSENTIAL AND IMPROVING PATENT SCHEME IN CHINA
In: Cardozo Journal of International and Comparative Law, Jg. 23 (2015-04-01), S. 695
academicJournal
Zugriff:
I. Introduction Since its founding in 1949, the People's Republic of China has grown into the world's second largest economy in a mere 62 years, formally surpassing Japan in 2011. 1 What is perhaps more significant than its economic growth is the speedy development of its intellectual property framework and the overwhelming response to it. On April 1, 1985, China implemented the Patent Law of the People's Republic of China. 2 Twenty-six years later, in 2011, China overtook the United States in the number of patent applications received, and accounted for almost half of the increase in number of patents granted worldwide. 3 This tremendous growth has caught the eye of both domestic and foreign entities alike, noting the important role that China's intellectual property (IP) system will play in the world. As foreign corporations and inventors look to file patents in China in order to gain a foothold in its burgeoning market, practitioners have begun to identify the more unique characteristics of China's patent system, along with the potential difficulties that these characteristics may implicate. 4 Many of these issues involve utility model patents (UMP), which is a second-tier patent scheme where applications are not substantially examined, have a low inventiveness requirement, and are dominated by domestic applicants. 5 Commentators see the UMP as being detrimental to China's innovation policies, and many foreign entities have spoken out at length about modifying or outright abolishing the UMP scheme. 6 Commentators have raised two main classes of issues regarding China's ...
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UTILITY MODEL PATENT: AN ESSENTIAL AND IMPROVING PATENT SCHEME IN CHINA
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Autor/in / Beteiligte Person: | Wang, Victor |
Zeitschrift: | Cardozo Journal of International and Comparative Law, Jg. 23 (2015-04-01), S. 695 |
Veröffentlichung: | 2015 |
Medientyp: | academicJournal |
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